Terms of Service

These Terms of Service were last updated on: 07/05/2023

 

Thank you for using or visiting www.themazecalendar.com and any other registered domains, media form, media channel, mobile apps, or social networking pages, profiles, or feeds that post a link to these terms of use (collectively, the “Services”). By using the Services, you are agreeing to comply with and be bound by the following terms of use (these “Terms”). Please read these Terms carefully before accessing or using the Services. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mannada LLC and its respective subsidiaries, parents and affiliates (collectively, “Mannada” or  “Company” or “we” or “us” or “our”). Accordingly, whenever you use the Services, you should check the date of these Terms (which appears at the top) and review any changes since the last version. 

 

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND MANNADA TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ THESE TERMS CAREFULLY.

Acceptance of Terms

By accessing, browsing, or otherwise using the Services, or by clicking to accept the Terms when this option is made available to you, you agree to be bound and to abide by these Terms (including, without limitation, the Privacy Policy). These Terms apply to all users of the Services, including without limitation users who are browsers, registered users, vendors, event organizers, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Services. These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject matter of these Terms. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Supplemental terms and conditions or documents that may be posted from time to time, and any new features or tools that are added to the Services shall also be subject to and are hereby expressly incorporated into these Terms by reference. By accessing or using the Services, you represent and warrant that you are 21 years old or older. 

Changes to Terms of Service 

We may update these Terms at any time.  Your continued access or use of the Services after we update these Terms constitutes your acceptance of and agreement to be bound by the terms of the amended Terms of Service.  We encourage you to review these Terms on a regular basis to ensure you are familiar with the current version.  The latest version of these Terms will be posted on the Services, and you should review these Terms prior to using the Services.

Privacy

Your access or use of the Services is also subject to our Privacy Policy https://themazecalendar.com/privacy-policy/.  We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Services.

Use of the Services

You agree you will not: (i) use the Services for any purpose which we determine in our sole and absolute discretion to be unlawful, tortious, abusive, harassing, libelous, defamatory, obscene, misleading, threatening, hateful, racist, or embarrassing, or that violates proprietary or intellectual property rights of Mannada or third parties, including patents, trademarks, or copyrights, or that compromises the privacy of another party’s communications; (ii) act in a manner that may damage the image or reputation of Mannada or our services; (iii) collect, store, use or disseminate Personal Information (as defined in the Privacy Policy) about other users of the Services; (v) upload, post, email, or otherwise transmit or introduce any material that contains viruses, Trojan horses, ransomware, or any other computer code, files, or programs that might alter, interrupt, limit, or interfere with the functionality of the Services or any computer software or hardware or telecommunications equipment, including servers; or (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict improper access through the Services, or features that enforce limitations on the use of the Services.

Content; Limited License and Permitted Uses

The Services and all of their content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text design, graphics, logos, icons, images, video, audio, downloads, interfaces, code and software, and all other intellectual property exhibited or made available through the Services (collectively referred to as the “Content”), are all proprietary and are owned or controlled by us, our licensors and certain other third parties.  All right, title and interest in and to the Content available through any of our Services is the exclusive property of and owned by us, our licensors or certain other third parties, and is protected to the fullest extent by applicable intellectual property laws.  We do not grant you any license or right to use the Content by providing you with access to and use of the Services other than as explicitly set forth herein. You are strictly prohibited from reselling, decompiling, reverse engineering, disassembling, storing, reproducing, communicating, using, displaying, distributing, exploiting, exhibiting, creating derivate works from or transmitting the Content without our prior written permission.  Any unauthorized use of any of the Content in violation of these Terms is prohibited and may violate applicable intellectual property laws.  

 

Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Services, you are granted a limited, nonexclusive, non-transferable, revocable license a) to access and use the Services solely in accordance with these Terms; (b) to use the Services solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Services solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Services or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. We reserve all rights not expressly granted to you in and to the Services and Content.  

 

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content appearing on the Services.

 Event Organizers Must Obtain all Applicable Licenses, Permits, and Authorizations for Their Events.

If you are an event organizer, along with your other representations and warranties, you represent and warrant to us that you will obtain, before promoting any event, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for events. Licensure includes state, county, municipal, or other local authority's authorization of the event. You will comply, and will ensure that the event venues comply with all applicable laws, regulations, rules, and ordinances.

Copyrights and Copyright Agents 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us by emailing info@mannadaevents.com:

 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Services;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Linking to the Services

You may provide links to the Services, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Services, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Services immediately upon request by us.

Electronic and Telephonic Communications

When you use the Services, sign up for our newsletter, or send e-mails, messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us (e.g., newsletters and updates) including via e-mail, text messages, phone calls, social media, and push notifications at the email address or telephone number (including mobile number) you provided. You agree that all agreements and consents can be signed electronically and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

 

We may send and receive (recurring) text messages through cellular telephone operators or other networks, and the level of reliability may vary. Consent to receive such message is not required as a condition of purchasing any goods or Services. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. Text messages may be generated by automatic telephone dialing systems. You hereby waive your right to pursue all claims under the Telephone Consumer Protection Act (“TCPA”).  To the extent any claim cannot be waived, you agree that any claim against The Artist Tree shall be arbitrated on an individual rather than a class action basis and in accordance with the Governing Law and Arbitration provisions of these Terms of Service. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy https://themazecalendar.com/privacy-policy/. 

 

IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests.

Account Security

Access to certain Content or Services may require you to register with us or provide us with certain information before you are able to gain access to same (an “Mannada Account”). Should you elect not to provide us with such information, you may not be able to access said Services or participate in certain features of our Services.  

 

In the event you are required to create an account to access any part of the Services, you must treat your account information (including, without limitation, your username, password, and any other piece of information required as part of our security procedures) as confidential, and you must not disclose the foregoing to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the Services or portions of it using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You agree to be responsible for any use of the Services or portions of it using your username, password, or other security information.  We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you have violated any provision of the Terms. 

Links to Third Party Websites

Links on the Services to third party websites are provided solely as a convenience to you and we are not responsible for the content, completeness or accuracy of the information provided on those third party websites, nor the opinions expressed. Such websites are not investigated, monitored or checked for accuracy or completeness by us. We are not responsible for and assume no liability for any third party content. Should you decide to use such links, you agree that you are doing so at your own risk. We encourage you to be aware when you leave our Services and to read the terms of use and privacy statements of each website that you visit. 

Disclaimers

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SERVICES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Indemnification

You agree to indemnify and hold harmless Mannada, its parents, subsidiaries, officers, employees, contractors, assigns, affiliates and each of their respective officers, employees and agents (collectively, “Affiliated Parties”) from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations hereof by your employees or agents, or which arises from the use of the Services, or any Content contained herein.

Limitation of Liability

IN NO EVENT WILL WE NOR ANY AFFILIATED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BODILY INJURY, PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF PROFITS, GOODWILL, USE, DATA OPPORTUNITY COSTS, INTANGIBLE LOSSES, THE COST OF SUBSTITUTE SERVICES, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE, THE SERVICES, AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Timing of Claims

Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms.

Assumption of Risks in Attending Events

Some events may carry inherent risk and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. Unless otherwise noted, Mannada is not the creator, organizer, owner of the events listed on the Services nor are we a seller of tickets or registrations on the Services. In no event shall we nor any Affiliated Party be liable for any injuries, claims, demands, or damages of any nature whatsoever arising out of or in connection with any event or activity listed through the Services. 

Cannabis Acknowledgment

You are solely responsible for and assume all risks related to consumption of cannabis at any cannabis-related private event. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties.  You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense.  ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THE SERVICES.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York, exclusive of conflict or choice of law rules. Nothing in these Terms of Service will prevent Mannada from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter. 

Arbitration and Venue

By using or accessing our Services, you consent to the exclusive jurisdiction of the federal and state courts located in New York, New York, in connection with any action or proceeding brought to enforce our rights relating to our intellectual property and/or Content or a judgment awarded pursuant to the arbitration clause set forth below, and waive any objection to the bringing of any such action or proceeding in such court based upon lack of personal or subject jurisdiction or improper venue.  All other actions or proceedings related to these Terms of Service or our Services shall be resolved exclusively in accordance with these arbitration terms.

 

Except as otherwise set herein, any dispute arising out of or relating to these Terms of Service (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), including the breach thereof, shall be finally resolved by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees. Any arbitral award may be enforced in any jurisdiction.  The parties hereby undertake to voluntarily comply with the arbitral award issued, as soon as it becomes final.

Waiver of Jury Trial

THE PARTIES HERETO HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT OR THE VALIDITY, INTERPRETATION OR ENFORCEMENT HEREOF.  THE PARTIES HERETO AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THIS AGREEMENT.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under the Terms of Service shall be joined to an arbitration involving any other party subject to the Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis.  IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Notice to California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  We may be contacted via e-mail at info@mannadaevents.com.

Accessibility:

We are committed to making our Services accessible and usable by all people, including those with disabilities and special needs.  We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Services and Services. If you have difficulty using or accessing any element of the Services or if you have any feedback regarding accessibility of the Services, please feel free to contact us at info@mannadaevents.com.

Miscellaneous Provisions:

 

  1. Amendment.  We may, in our sole in absolute discretion, modify these Terms of Service, the Content, the Services, or the Privacy Policy or any other agreement referred to herein. 
  2. Termination.  We may, in our sole discretion, terminate or suspend your use or access to the Services for any reason.
  3. Unlawful Activity. We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
  4. Severability.  If any provision of these Terms, the Privacy Policy or other agreements referenced herein are held to be invalid by any applicable law, rule, order or regulation of any government or by the final non-appealable determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms, the Privacy Policy or the applicable agreement.
  5. Waiver. The failure of Mannada to exercise or enforce any right or provision of these Terms, the Privacy Policy of other agreement referenced herein shall not constitute a waiver of such right or provision. 
  6. Section Headings.  The Section headings set forth in these Terms are for convenience only and have no legal or contractual effect.
  7. Electronic Communications, Transactions, and Signatures. Visiting or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
  8. Contacting Us. If you have any questions about these Terms, the Services, or the Content contained herein you may contact us:

by email: info@mannadaevents.com

We do not guarantee that we will receive all such communications and shall not, subject to applicable laws, be required to read, act or respond to any such email or other form of contact.  Please note, your email communications to us may not be secure and shall not be treated as confidential.